HomeMy WebLinkAboutRes No 1718PLANNING COMMISSION RESOLUTION NO. 1718
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA, APPROVING A
REQUEST BY MONTEREY LAW CENTER FOR APPROVAL OF THE
CONVERSION AND 512 SQUARE FOOT EXPANSION OF THE
EXISTING SINGLE FAMILY DWELLING TO A LAW OFFICE ON
THE PROPERTY KNOWN AS 44-712 MONTEREY AVENUE.
CASE NO. CUP 96-2
WHEREAS, the Planning Commission of the City of Palm Desert,
California, did on the 6th day of February, 1996, hold a duly noticed
public hearing to consider the request of MONTEREY LAW CENTER for
approval of a conditional use permit to allow the conversion and 512
square foot expansion of a single family dwelling to an office
professional use at 44-712 Monterey Avenue; and
WHEREAS, said application has complied with the requirements of
the "City of Palm Desert Procedure for Implementation of the California
Environmental Quality Act, Resolution No. 95-105," in that the director
of community development has determined that the project is a Class 3
categorical exemption; and
WHEREAS, at said public hearing, upon hearing and considering all
testimony and arguments, if any, of all interested persons desiring to
be heard, said planning commission did find the following facts and
reasons to exist to justify approval of said conditional use permit:
1. All the necessary findings for approval of a conditional use
permit can be affirmed as delineated in the staff report
dated February 6, 1996.
2. On -site parking to accommodate the proposed law office
complies with the code requirement.
3. The proposed use is consistent with the goals and objectives
of the Palm Desert General Plan and the Palma Village
Specific Plan.
4. The proposed location of the conditional use and the
conditions under which it will be operated and maintained
will not be detrimental to the public health, safety or
general welfare, or be materially injurious to properties or
improvements in the vicinity.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the
City of Palm Desert, California, as follows:
1. That the above recitations are true and correct and
constitute the findings of the commission in this case.
2. That approval of Conditional Use Permit 96-2 is hereby
granted, subject to the attached conditions.
PLANNING COMMISSION RESOLUTION NO. 1718
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm
Desert Planning Commission, held on this 6th day of February, 1996, by
the following vote, to wit:
AYES: CAMPBELL, FERGUSON, FERNANDEZ, JONATHAN, BEATY
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ST:
ti 0 0
PHILIP DRELL,) cting Secretary
Palm Desert Planning Commission
PAUL BEATY, Chairperson
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PLANNING COMMISSION RESOLUTION NO. 1718
CONDITIONS OF APPROVAL
CASE NO. CUP 96-2
Department of Community Development:
1. Applicant shall comply with all state, county and city regulations
concerning restaurant use.
2. The applicant shall obtain all necessary architectural review
commission and department of building and safety permits required
by any physical modification of the building.
3. Office professional use shall be limited to 1408 square feet in
area.
4. That the hours of operation shall be from 8:00 a.m. until 7:00
p.m. five days a week, Monday through Friday.
5. That prior to opening of the office use the rear parking area be
paved with asphalt, organized and appropriately striped to provide
a minimum of six (6) parking spaces. Said parking layout to be
approved by planning staff.
6. That the side yards at the rear of the property be enclosed with
an appropriate six foot high masonry/block wall along the north
and south. The rear lot line shall be enclosed by a maximum seven
foot high masonry wall with minimum four foot wide planter at the
base. Details regarding the actual wall height and the materials
in the planter strip to be determined through discussions with the
adjacent property owner with final approval by Architectural
Review Commission.
7. That the trees shown on the site plan be retained on the site and
be enhanced by a landscape plan to be approved by the
architectural review commission.
8. That the parking area comply with the city's parking lot tree
ordinance.
9. If a parcel of real property adjoining the applicant's property
along Monterey Avenue is some day required by the city to improve
its on -site parking and the city determines that the aggregate
traffic circulation impacts caused by such parking and by parking
on the applicant's property may be reasonably mitigated by the
properties' shared use of their respective driveways, then the
applicant or his/her successor -in -interest shall grant or dedicate
an easement allowing such shared use. The easement must be
acceptable in form to the City Attorney. This condition will not
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PLANNING COMMISSION RESOLUTION NO. 1718
apply unless and until at least one of the adjoining parcels is
similarly required by the city to grant or dedicate an easement
allowing shared use of its driveway.
Department of Public Works:
1. Signalization fees, in accordance with City of Palm Desert
Resolution Nos. 79-17 and 79-55, shall be paid prior to the
issuance of any permits associated with this project.
2. Any proposed modifications to the existing property access shall
be in accordance with appropriate city standards and
specifications and shall be submitted to the Director of Public
Works for checking approval before construction of any
improvements is commenced.
3. All public improvements shall be inspected by the Department of
Public Works and a standard inspection fee shall be paid prior to
issuance of grading permits.
4. In accordance with Palm Desert Municipal Code complete
grading/site improvement plans and specifications shall be
submitted to the Director of Public Works for checking and
approval prior to issuance of any permits.
5. Any and all offsite improvements shall be preceded by the approval
of plans and the issuance of valid encroachment permits by the
Department of Public Works.
6. In accordance with Palm Desert Municipal Code Section 3.44 the
project shall be subject to Transportation Uniform Mitigation Fees
(TUMF). The fee shall be based on the proposed change of use
(single family residential to office professional) and is
estimated to be $ 2255.27.
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